Ask Larry

Can I Get Divorced And Draw Benefits On My Deceased Ex-Husband?

I am 69 years old and have been collecting on my own benefits since age 62. However, they are only $800 a month. My current husband and I (he is 74) would like to divorce. We have been married 30 years. However, I was also married 18 years to another man, who is now deceased. We divorced before he died.
Can I divorce my current husband and claim on my first husband now? I need more money than $800 a month to live. How can I receive more than just my own benefits. based upon either of my two marriages.?

Hi,

Yes, it sounds like you would meet the requirements for surviving divorced wife's benefits on your first husband's record if you divorce. However, the amount payable on his record would have to be higher than what you are receiving on your own record in order for you to be eligible. That's dependent on how much he was earning and paying in Social Security taxes prior to his death. If he was a high earner, it should be more than your $800, though.

Best, Jerry

Posted: 
Oct 5 2016 - 10:45am
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